1 Dec 2009
ALCATEL-LUCENT NZ LTD V JUNIPER NETWORKS AUSTRALIA PTY LTD AND ANOR HC WN CIV-2009-485-2289
- Citation
- openlaw-b340093d_7d87_4a6c_adbb_24849a93d3da.pdf
- Court
- High Court
Clause 30.1 of the GRA is an exclusive submission to the jurisdiction of the State and Federal Courts of California and New Jersey (subject to a narrow proprietary-rights exception) and clause 28.5 is subject to clause 30.1; Alcatel NZ failed to establish a serious issue to be tried on reformation under New York law and New Zealand is not the appropriate forum, so the proceedings are dismissed and injunctive relief denied.